Dispute Over Unpaid Feed Supplies Leads to Judgment for Payment of Over 44,000 Yuan in Eastern China
Dispute Over Unpaid Feed Supplies Leads to Judgment for Payment of Over 44,000 Yuan in Eastern China
CASE OVERVIEW
A feed supplier in Eastern China brought a lawsuit against a pig farmer for unpaid feed purchases totaling 44,124 yuan. The court examined the evidence and ruled in favor of the supplier, ordering the buyer to pay the full amount of the debt. The case highlights the importance of written delivery records and the legal consequences of failing to pay for goods received.
CASE BACKGROUND AND FACTS
The plaintiff, Mr. Xu, operated a feed supply business. Between March 17 and April 24, 2009, the defendant, Mr. Gong, purchased feed from Mr. Xu on five separate occasions. The total value of these transactions was 44,124 yuan. Despite receiving the feed, Mr. Gong did not make any payment. After waiting for nearly two years, Mr. Xu filed a lawsuit in March 2011, seeking an order for immediate payment of the full amount plus legal costs.
The defendant, Mr. Gong, did not deny receiving the feed. Instead, he claimed that he had made partial payments on several occasions between October 2009 and early 2011. He stated that he paid 20,000 yuan at one time, followed by smaller payments of 5,000 yuan, 3,000 yuan, 2,000 yuan, 3,000 yuan, and 5,000 yuan. He claimed these payments totaled 38,000 yuan. However, he provided no written receipts or other evidence to support these claims.
COURT PROCEEDINGS AND EVIDENCE
During the trial, Mr. Xu presented five delivery receipts as evidence. These receipts documented each of the five feed purchases and confirmed the total unpaid amount of 44,124 yuan. The court reviewed the documents and found them to be authentic, legally compliant, and admissible as evidence.
Mr. Gong appeared in court but did not provide any documentary evidence to prove his alleged payments. He also did not request the court to verify his claims through witnesses or other means. Because Mr. Gong failed to meet his burden of proof regarding the alleged payments, the court accepted Mr. Xu’s evidence and relied on the delivery receipts to establish the facts of the case.
COURT FINDINGS AND JUDGMENT
The court found that a valid sales contract existed between the parties. Mr. Xu had delivered the feed, and Mr. Gong had accepted it. Under the law, Mr. Gong was obligated to pay the agreed price upon receipt of the goods. Since he failed to do so, he was in breach of contract.
The court rejected Mr. Gong’s defense of partial payment because he did not provide any credible evidence to support his claims. The court held that civil activities must follow the principle of good faith. A party who asserts a fact must prove it. Mr. Gong failed to prove that he had made any payments.
The court ruled in favor of Mr. Xu. It ordered Mr. Gong to pay the full amount of 44,124 yuan within ten days of the judgment taking effect. The court also awarded statutory interest on the unpaid amount from the date the payment became due until the date of actual payment. Mr. Gong was also ordered to bear the majority of the court costs.
KEY LEGAL PRINCIPLES
This case applies several fundamental principles of contract law. Under the Contract Law of the People’s Republic of China, a buyer must pay the price for goods received. Article 107 states that a party who fails to perform its contractual obligations must bear liability for breach. Article 161 specifically requires the buyer to pay the price at the agreed time. If no time is agreed, payment is due upon receipt of the goods.
The case also illustrates the rule on burden of proof. A party who makes a claim must provide evidence to support it. Mr. Gong claimed he made payments but offered no proof. The court therefore did not accept his defense.
PRACTICAL INSIGHTS
For businesses and individuals involved in sales transactions, this case offers a clear lesson. Always maintain written records of deliveries and payments. Delivery receipts, invoices, and signed acknowledgments are essential evidence in the event of a dispute. For buyers, paying in cash without obtaining a receipt creates significant legal risk. Without proof of payment, a court may not recognize the payment as valid. For sellers, keeping detailed records of all deliveries and outstanding balances is the best way to protect legal rights.
LEGAL REFERENCES
Contract Law of the People’s Republic of China, Articles 107 and 161.
Civil Procedure Law of the People’s Republic of China (2007 Revision), Article 130.
DISCLAIMER
This article is for informational purposes only and does not constitute legal advice. Laws and court procedures may vary by jurisdiction. Readers should consult a qualified legal professional for advice on specific legal matters.